2006-109
S:\Our Documcnts\Ordinanccs\06\STEP Rail Trail Bridges.doc
ORDINANCE NO. 2,tJO{r /0 q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CERTIFYING FUNDING AND
SUPPORT FOR THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM
NOMINATION FORM 2006 WITH THE TEXAS DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO RECEIVE,
FUNDING TO CONSTRUCT BRIDGES ON THE DENTON BRANCH RAIL TRAIL OVER
PECAN CREEK AT MILE POST 722 AND OVER LOOP 288 AT MILE POST 724; AND, IF
THE GRANT IS APPROVED, TO EXECUTE THE GRANT AGREEMENT AND TAKE
OTHER ACTIONS NECESSARY TO IMPLEMENT THE GRANT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, ("City of Denton") wishes to improve all the
transportation modes along with safety and efficiency for movement of people by walking or
bicycling; and
WHEREAS, the Denton Branch Rail Trail is a viable and important asset to the City of
Denton, Denton County, Region and Local Businesses; and
WHEREAS, the construction of pedestrian and bicycle bridges on the Denton Branch
Rail Trail over the Pecan Creek at mile post 722 and over Loop 288 at mile post 724 will
accomplish the intention of the City of Denton; and
WHEREAS, the City Manager anticipates funding for the construction of the pedestrian
and bicycle bridges on the Denton Branch Rail Trail at the locations indicated above will be
available through the Texas Department of Transportation's Statewide Transportation
Enhancement Program Nomination Form 2006 ("STEP"); and
WHEREAS, the City Council deems it in the public interest to support the STEP and to
apply for financing for construction of pedestrian and bicyclist bridges on the Denton Branch
Rail Trail at the locations indicated above; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager or his designee is hereby authorized to make application
on behalf of the City of Denton to the Texas Department of Transportation ("TxDOT") through
its STEP for funding to make the necessary improvements to accomplish the construction of the
proposed pedestrian and bicyclist bridges over the Pecan Creek at mile post 722 and over Loop
288 at mile post 724 known as the Denton Branch Rail Trail pedestrian and bicyclist bridges
route.
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S:\Our Documcnls\Ordinances\06\STEP Rail Traill3ridges.doc
SECTION 3. Should TxDOT approve funding for the Denton Branch Rail Trail
pedestrian and bicyclist bridges route, through its STEP, the City of Denton agrees to commit to
the project's development, implementation, construction, maintenance, management and
financing, including providing the required local match at 20 percent or greater of the total
project cost and being responsible for all non-federally fundable items and 100 percent of all cost
overruns. The City Manager, or his designee, is hereby authorized to execute a Grant Agreement
with TxDOT after the Agreement is approved by the City Attorney, and to exercise all rights and
duties of the City of Denton under this Agreement.
SECTION 4. The City Manager, or his designee, is the City of Denton's authorized
representative who is directed to comply with any assurances, conditions, or agreements required
to be executed, to take all actions required under the STEP and to make expenditures of all the
funds required to be expended or received by the City of Denton under the STEP grant as its
share of the STEP.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the / IJtl1...day of
tlp/Jj 1/
C~ ~Jc
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY A TTO EY
BY:
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